Author: John Mattiacci | Owner Mattiacci Law
Published October 13, 2025
You may be wondering, What is the Statute of Limitations in PA for Medical Malpractice?
In Pennsylvania, the statute of limitations for medical malpractice typically allows two years from the date you became aware, or reasonably should have become aware, of the injury. However, there is a separate statute of repose that sets an absolute deadline of seven years from the date of the alleged malpractice, with limited exceptions.
It is crucial to consult with a legal professional to determine the specific deadline for your situation, especially since exceptions to these rules exist.
Introduction to Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing injury or death. In Pennsylvania, victims or their surviving family members have the right to file medical malpractice claims against negligent medical professionals. However, strict statutes of limitations apply.
A lawsuit must be filed within two years from the date the malpractice occurred or when the injury was discovered or reasonably should have been discovered. Missing this deadline can result in dismissal, leaving victims without recourse to recover compensation. It is important to consult an experienced medical malpractice attorney early to evaluate your case, navigate Pennsylvania’s medical malpractice statute, and protect your legal rights. Prompt action helps secure medical records and expert testimony needed to build a strong claim.
Understanding the Statute of Limitations
The statute of limitations in Pennsylvania for medical malpractice claims generally requires that a medical malpractice lawsuit be filed within two years from the time the alleged malpractice occurred or was reasonably discovered, as established under Title 42 of the Pennsylvania Consolidated Statutes. This Pennsylvania statute is a critical legal deadline that governs most medical malpractice lawsuits and aims to ensure timely pursuit of justice while preserving evidence integrity.
Statute of Repose in Pennsylvania
Additionally, Pennsylvania enforces a statute of repose, which bars claims filed more than seven years after the alleged malpractice occurred, regardless of when the injury was discovered. However, there are important exceptions to these time limits.
Special Protections for Minors
For example, minors who suffer birth-related injuries benefit from extended protections, allowing them to file claims until their 20th birthday.
The Discovery Rule
The discovery rule also plays a vital role by tolling the statute of limitations until the injured patient knows or reasonably should have known about the medical mistake caused by the healthcare provider.
Fraudulent Concealment Exception
In cases where a healthcare provider intentionally hides malpractice through fraudulent concealment, the limitations period may be extended to protect the patient’s right to seek justice.
Exceptions to the Statute of Limitations
In Pennsylvania, the statute of limitations for medical malpractice claims is generally two years from the date the injured party knows or reasonably should know about the medical negligence causing harm, as established by the Pennsylvania medical malpractice statute. This discovery rule ensures that the clock doesn’t start until the medical malpractice plaintiff is aware of the negligent act or should have exercised reasonable diligence to uncover it.
Special Protections for Minors
Special protections exist for minors, allowing them to file a medical malpractice lawsuit until their 20th birthday, as the statute of limitations tolls until they reach the age of majority.
Exceptions to the Statute of Limitations
Additionally, exceptions to the statute of limitations include cases where a foreign object is left inside the body or where a healthcare provider fraudulently conceals the malpractice, extending the filing deadline to protect the patient’s family’s legal rights.
Time Limits and Filing Deadlines
The statute of limitations for medical malpractice in Pennsylvania begins when a reasonable person would have started to investigate the injury, not necessarily when all medical details are fully known. This means if a patient discovers malpractice years after receiving medical treatment, the two-year limitations period starts from the date of discovery, not the original treatment date.
Statute of Repose in Pennsylvania
Pennsylvania law also enforces a seven-year statute of repose, which bars lawsuits filed more than seven years after the alleged malpractice occurred, regardless of when the injury was discovered. However, important exceptions exist, including cases involving foreign objects left inside the body and claims made by minors.
Filing Requirements and Certificate of Merit
Filing a medical malpractice lawsuit in Pennsylvania requires gathering comprehensive medical records, obtaining a certificate of merit from a qualified medical expert affirming a reasonable probability that malpractice occurred, and adhering strictly to the statute of limitations deadline. The certificate of merit must be filed with the lawsuit or within 60 days, underscoring the importance of consulting a knowledgeable medical malpractice attorney early.
Medical Records and Documentation
Medical records are fundamental to building a strong medical malpractice lawsuit, serving as vital evidence to demonstrate the healthcare provider’s negligence and the harm caused. Patients should carefully preserve all relevant documentation, including photos or videos related to their injury, to support their claim effectively.
Role of the Medical Malpractice Attorney
An experienced medical malpractice attorney can assist in gathering comprehensive medical records and other essential evidence necessary for filing Pennsylvania medical malpractice claims. Maintaining detailed records of all medical treatment received—with dates, times, and descriptions of procedures—is crucial to establish a clear timeline of events.
Fraudulent Concealment and Its Legal Impact
It is also important to understand that fraudulent concealment occurs when a healthcare provider intentionally hides or misleads a patient about medical negligence; in such cases, Pennsylvania law may extend the malpractice statute of limitations to protect the patient’s right to seek justice.
Consulting a Medical Malpractice Lawyer Early
Therefore, consulting a knowledgeable medical malpractice lawyer early is vital to navigate Pennsylvania’s complex legal requirements, preserve your legal recourse, and maximize your chances of obtaining fair compensation for injuries caused by medical errors or negligent care. A skilled medical malpractice attorney can guide you through the legal process, help determine the applicable statute of limitations, and ensure your claim is filed within the required deadlines to protect your rights effectively.
Law Firm and Legal Guidance
Choosing a reputable law firm with experienced medical malpractice attorneys is essential when navigating the complex statute of limitations in PA for medical malpractice.
Role of Skilled Medical Malpractice Attorneys
Skilled attorneys provide invaluable guidance throughout the legal process, helping you understand critical deadlines, exceptions such as fraudulent concealment, and how these impact your ability to file a medical malpractice lawsuit.
Collaboration with Medical Experts
They work closely with qualified medical experts to gather and analyze medical records and other crucial evidence, building a strong case on your behalf.
Free Consultations and Client Support
Moreover, many trusted law firms offer free consultations, allowing you to discuss your situation without financial obligation and evaluate your legal options with confidence.
Protecting Your Rights and Maximizing Compensation
By partnering with knowledgeable medical malpractice lawyers, you ensure your rights are protected and increase your chances of securing fair compensation for injuries caused by medical negligence or surgical mistakes.
Wrongful Death Claims in Medical Malpractice
Wrongful death claims arise when surviving family members or estate representatives seek compensation for losses caused by a loved one’s death due to medical malpractice.
Statute of Limitations for Wrongful Death
In Pennsylvania, the statute of limitations for filing wrongful death lawsuits is two years from the date the patient died. Families must act promptly within this deadline to preserve their legal rights and pursue compensation for medical bills, lost support, and emotional suffering.
Special Considerations for Minors
If a minor discovers an injury caused by medical malpractice at age 17, Pennsylvania law allows them to file a lawsuit until their 24th birthday, extending protection under the statute of limitations.
Medical Malpractice Statute of Repose in Pennsylvania
Pennsylvania law sets a strict seven-year statute of repose for filing medical malpractice claims. This means a lawsuit must be filed within seven years from the date the alleged malpractice occurred, regardless of when the injury was discovered.
Exceptions to the Statute of Repose
The Pennsylvania Supreme Court has ruled that the statute of repose may be unconstitutional if the medical negligence could not reasonably have been discovered until much later. Exceptions to the seven-year limit include cases where a foreign object is left inside the body during medical treatment and claims brought by minors.
FAQs About the Statute of Limitations in PA for Medical Malpractice
How long do you have to sue for medical malpractice in PA?
In Pennsylvania, the statute of limitations for most medical malpractice lawsuits is two years from either the date of the injury or the date when the injury was, or reasonably should have been, discovered.
However, exceptions exist, such as the “discovery rule” for injuries that were not immediately apparent and a separate statute of repose that caps claims at seven years from the date of the act of negligence, with some exceptions for minors and “foreign objects”. Minors have until their 18th birthday to file a claim.
What are the four things that must be proven to win a medical malpractice suit?
To establish a medical malpractice claim, four legal elements must be demonstrated: (1) the healthcare provider owed a professional duty to the patient; (2) this duty was breached; (3) the breach directly caused an injury; and (4) the injury resulted in damages. When awarded, monetary damages typically cover both actual economic losses and noneconomic damages, such as pain and suffering.
How many years later can you sue for medical malpractice?
California law includes a statute of repose that requires all medical malpractice claims to be filed within three years from the date of the incident, regardless of when the patient becomes aware of the error.
What are the odds of winning a medical malpractice suit?
The odds of winning a medical malpractice suit are low at trial, with plaintiff win rates at trial reported to be between 21% and 30%. However, a significant majority of cases, over 90%, are resolved through settlements rather than trials. Factors that decrease the odds include a weak case, minor injuries, or a lack of overwhelming evidence. Winning a case depends heavily on strong evidence and the ability to prove that the healthcare provider’s negligence directly caused harm.
What is the hardest element to prove in a medical malpractice case?
Causation is often the hardest element in medical malpractice to prove. Establishing causation requires showing that a healthcare provider’s mistake directly caused a patient’s injury. Medical records, expert testimony, and scientific studies are often necessary to prove this link.
What are 5 examples of medical negligence?
Examples of medical malpractice include incorrect surgery, foreign objects left in the body, infections caused by poor hygiene, failure to inform patients of the risks involved, and administering an incorrect amount of anesthetic.
Importance of Early Legal Consultation
Understanding these deadlines and exceptions is crucial to preserving your right to seek compensation. Consulting an experienced medical malpractice attorney early ensures compliance with legal requirements and maximizes the chance of a successful claim for injuries caused by medical negligence or surgical mistakes.
Take Action Now to Protect Your Legal Rights
Don’t wait to protect your rights—contact Mattiacci Law today at 215-914-6919 for a free consultation. Our experienced medical malpractice attorneys are ready to help you navigate Pennsylvania’s complex legal system, preserve crucial medical records, and fight aggressively to secure the compensation you deserve.
Disclaimer: This information is being provided for information purposes only. This article is not a guarantee of representation.